BHARAT BHUSHAN,J. - (1.) The appellant Kallu alias Om Prakash Soni has assailed the judgment and order dated 01.07.2005 passed by Special Judge (U.P. Dacoity Affected Areas Act, 1973) Hamirpur in joint trial of Special Case No. 49 of 2002 arising out of Case Crime No. 94 of 2002 and Special Case No. 48 of 2002 arising out of Case Crime No. 95 of 2002, Police Station (in short "P.S.") Rath, District Hamirpur whereby appellant was convicted under section 302 of the Indian Penal Code 1860 (in short "IPC") and 25 Arms Act 1959 (in short "Arms Act").
(2.) Appellant was sentenced to life imprisonment and a fine of Rs. 2000/- with default stipulation under section 302 IPC, three years rigorous imprisonment (in short "R.I") and a fine of Rs. 1000/- under section 25 Arms Act with default stipulation. Both sentences were to run concurrently.
(3.) However, appellant Kallu alias Om Prakash Soni was acquitted under section 394 IPC. It is pertinent to point out that two more accused namely, Chandra Pal and Indra Pal were also prosecuted in the same common trial but they were completely acquitted under sections 302, 392 and 411 IPC by the same judgment.;